| (1) | A hearing is open to the public unless the Panel determines that the public disclosure of evidence would— |
| (a) | prejudice the successful conducting of the hearing; |
| (b) | threaten the security of any person involved in the hearing; or |
| (c) | frustrate the successful functioning of the Commission: |
Provided that when the hearing deals with the complaint of a child or a person with a disability, no person may be present at the hearing, unless his or her presence is necessary in connection with the proceedings or the Chairperson of the Panel has granted him or her permission to be present.
(2)
| (a) | The Chairperson of the Panel may, in terms of section 9(8) of the Act, direct that any person or category of persons or all persons the presence of whom is not desirable, shall not be present at the hearing or port thereof. |
| (b) | Before deciding on taking evidence behind closed doors, both parties must be allowed or reasonable opportunity to address the Panel in that regard. |
| (c) | The Panel may give any directions in respect of the disclosure or publication or prohibition in respect of any information or evidence obtained behind closed doors: Provided that in the case of a child or a person with o mental disability, his or her identity may not be disclosed. |
